Smt. Devamani @ Devammanni vs State Of Karnataka on 15 December, 2016

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Karnataka High Court

Smt. Devamani @ Devammanni vs State Of Karnataka on 15 December, 2016

Bench: Rathnakala

                              1




       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 15th DAY OF DECEMBER, 2016

                            BEFORE

           THE HON' BLE MRS JUSTICE RATHNAKALA


            CRIMINAL PETITION NO.9188 OF 2016

BETWEEN:

SMT. DEVAMANI @ DEVAMMANNI
W/O. KARIYAIAH,
AGED ABOUT 35 YEARS,
R/AT TERANIMUNTI VILLAGE,
H.D. KOTE TALUKU,
MYSURU DISTRICT-577 001.
                                            ... PETITIONER

(BY SRI LETHIF B., ADV.,)


AND:

STATE OF KARNATAKA
BY SARGUR POLICE STATION,
MYSURU DISTRICT,
REP. BY SPP, HIGH COURT BUILDING,
BANGALORE-560 001.
                                          ... RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

       THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETR. ON BAIL IN THE EVENT OF HER ARREST
                               2




IN CR. NO.149/2015 OF SARAGUR P.S., MYSURU DIST., WHICH
IS REGISTERED FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                          ORDER

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.

The petitioner/accused No.2 along with accused No.1 is charge sheeted in respect of offence punishable under Section 306 read with Section 34 of IPC in their Crime No.149/2015 dated 25.9.2015 submitted by the respondent-Police.

2. The allegation is, the accused persons had on going illicit relationship with each other. On 24.9.2015, the husband of this petitioner came to the house abruptly and saw the accused persons in compromising position. He made effort to advice the petitioner, but both of them boldly declared that they have physical relationship and if he is 3 unable to bear with the same, he shall commit suicide by hanging. Later, in the late night he committed suicide by hanging. The 1st accused is enlarged on bail by the order of this Court in Crl.P.No.8182/2016 dated 29.11.2016.

3. Having regard to the nature of allegation, there is no impediment to allow the petition.

4. Accordingly, petition is allowed. The petitioner is granted anticipatory bail in Crime No.149/2015 registered by the respondent-Police for a period of three weeks.

Within the above period, she shall surrender before the concerned Court and move for regular bail .

Until disposal of her regular bail petition, this order will be in force.

If she is arrested by the respondent-Investigating Officer within the above period, she shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum.

Sd/-

JUDGE PB

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